The death penalty in China is the highestpunishment. The only parts of this country in which such a radical punishment is not provided are Hong Kong and Macao, which are in a special situation due to the events of the middle of the 20th century, which gave rise to the well-known principle “one country, two systems”.
Since 2011, the Criminal Code of China (People’s Republic of China) provides for the death penalty in relation to the following types of acts:
- possession or distribution of drugs;
- violent crime (murder, rape);
- corrupt practices;
- pimping;
- counterfeit banknotes;
- harming national security;
- production and sale of counterfeit medicines;
- theft / storage of explosives or weapons;
- organization of escape from custody;
- driving alcohol, causing death.
In addition, for the unauthorized organization and excavation of ancient tombs severe punishment is imposed - the death penalty.
China is a country where the sentence is convictedenforced by shooting or lethal injection. In recent years, the second form of punishment is used more often, since it is considered less severe for the convicts themselves and those who oversee the execution procedure.
About the number of sentences committed per yearnot officially reported by China. The death penalty, according to certain assumptions of the countries of the Western world (USA, Great Britain, etc.), is carried out annually in the ratio of from two to seven thousand convicts.
It should be noted that the officiallevel Chinese authorities are seeking to reduce the number of people sentenced to death. In particular, a similar resolution was adopted at the Sixth Plenum of the CPC Central Committee (October 2006), which pointed out the fact that while retaining the death penalty as the death penalty, it is necessary to prevent erroneous sentences, to tighten the procedure for investigating crimes involving such a severe sentence.
In 2011, the Xinhua news agency reported thatthat the death penalty in China is abolished in relation to persons who have committed economic crimes (they are fraudsters, smugglers and businessmen who evade paying taxes). Also, the elderly (over 75), teenagers and pregnant women (although the latter can be forced to have an abortion) are freed from the threat of capital punishment.
Процедура вынесения приговора "смертная казнь" в China passes quite clearly. Until 2006, such a sentence could have been passed by the people's court immediately after the first trial. However, since 2006, the death penalty must be approved by the Supreme People’s Court of China. After sentencing, a convicted person has the right to a double appeal process. At the same time, the Criminal Code of China admits the possibility of a two-year delay in the execution of the sentence, and after this delay it is possible to change the sentence of the prisoner (the death penalty can be replaced with a life sentence).
Public death penalty is prohibited in ChinaThe Code of Criminal Procedure (1996, part 4, article 212), which states that the execution of death sentences must be declared, but the execution procedure itself should not be public. However, judging by the fact that videos and photographs of executions in the PRC are spreading around the world, including through the Internet, it can be assumed that such actions are indicative measures addressed both to the people of China and to the rest of the world community. At the same time, it is worth noting that the Chinese authorities are aware that, on the one hand, such measures are not the only way to fight crime, but on the other hand, emphasizing the principle and power of the state machine, they become a vulnerable place in international relations of the Middle Kingdom with other countries. condemning such a punishment.
